Local Rule LCvR 55.1: Procedure For Obtaining Default Judgment

LCvR 55.1 Procedure For Obtaining Default Judgment.

(a) Entry of Default by Court Clerk. To obtain an entry of default pursuant to Fed. R. Civ. P. 55(a), the party must provide the Court Clerk with a "Motion for Entry of Default by the Clerk." The motion shall recite the facts that establish service of process, and be accompanied by affirmations concerning non-military service and that the individual is neither an infant nor an incompetent person. Once a proper motion has been filed, the Court Clerk will prepare and enter default, after independently determining that service has been effected, that the time for response has expired and that no answer or appearance has been filed.

(b) Entry of Default Judgment. In cases where a plaintiff's claim is for a sum certain or a sum that can be made certain by computation, a plaintiff may request the Court Clerk to enter a default judgment under Fed.R.Civ.P. 55(b)(1). The plaintiff must file a motion for default judgment accompanied by a concise brief, a form of judgment, and an affidavit (1) stating the amount for a sum certain or that can by computation be made certain and (2) stating that the defendant against whom judgment is to be entered is not an infant or an incompetent person. In all other cases, a party must apply to the Court for a default judgment pursuant to the provisions of Fed.R.Civ.P. 55(b)(2). In its discretion, the Court may set a hearing on a motion for default judgment with respect to which notice shall be provided by the party moving for default judgment in accordance with the requirements of Fed.R.Civ.P. 55(b)(2).